Accused charged with possessing and accessing child pornography. Multiple issues presented relating to control over computer, nature of images and possible motives to frame the accused. Held: Crown directs withdrawal of all charges at preliminary inquiry stage.
Appellant convicted at trial of sexual assault in relation to step-daughter. Evidence that mother of complainant had motive to fabricate due to custody battle and ability to influence complainant’s evidence but Trial Judge finding that he was satisfied that the complainant’s evidence alone established guilt beyond a reasonable doubt. Held: Conviction overturned on appeal. Original … Read More.
R v M, 2019 Edmonton Provincial Court – Police Can’t Use Traffic Stop As Justification For Detention For General Criminal Investigative Purpose
Appellant convicted after trial of driving while disqualified and breach of probation. Police were conducting proactive patrols with a view to detecting stolen vehicles, specifically targeting Ford trucks. Appellant was driving a Ford F150 registered to a female. At trial, defence alleged a s. 9 Charter breach. The Trial Judge held that the traffic stop … Read More.
Acquitted Of Assault Causing Bodily Harm – Defence Of Self & Property: R v T, 2019 Red Deer Provincial Court
Client charged with assault causing bodily harm. Alleged that client assaulted a family member in the course of an argument. Complainant testified to being assaulted (punched and dragged) by the Accused. Client testified that there was pushing and shoving, but that the complainant was the aggressor and client was acting in defence of himself and … Read More.
Sexual Assault Conviction Overturned Because Trial Judge Interferred With Cross-Examination – R v Q, 2019 Alberta Court Of Appeal
Defence appeal from conviction at trial of sexual assault. Issue on appeal of whether the trial judge’s numerous interjections during cross-examination of the complainant impeded the accused’s right to make full answer and defence. Held: Appeal allowed; new trial ordered. Schmaltz, 2015 ABCA 4 followed. “A review of the transcript of the cross-examination of the … Read More.
Client charged with care or control of vehicle while ability impaired and while blood alcohol concentration was over limit. Client had been found in driver’s seat with keys in ignition upon police arrival. Provided samples of breath that were more than twice the legal limit. Held: Acquittal. Court heard evidence of client’s intention to be … Read More.
Client charged with possession of various substances for the purposes of trafficking after landlord discovered evidence of cocaine to crack conversion in a closet. Police executed a search warrant and client was found inside the premises. Held: Acquittal. Case proceeded to trial, but after hearing defence lawyer’s cross examination of their star witness, the Crown … Read More.
Crown Withdraws Drug Trafficking Charges Following Cross-Examination of Police Officer – R. v M., 2019 Edmonton Provincial Court
Client was charged with drug trafficking. The allegations were that the client was involved in a hand-to-hand drug transaction with an undercover police officer. The investigation relied on a “catch-and-release” method, whereby the suspect is identified, but not immediately arrested, following an undercover buy. Held: Charges withdrawn. Crown elected to withdraw the charges at the … Read More.
Client charged with 2nd degree murder of friend. Alleged that client stabbed a friend with intention to cause death or serious bodily harm likely to cause death. Held: Directed verdict of not guilty of murder at conclusion of Crown’s case. Case proceeded on basis of manslaughter and client acquitted of this charge after testifying. Evidence … Read More.
Defence appeal from assault conviction in Fort McMurray Provincial Court. Domestic situation. At trial, complainant testified the fight was consensual but she did not want to be choked. Held: Appeal allowed. “The proper question was not whether the complainant consented to each and every application of force during the course of the fight, or whether … Read More.